Note: This is an archived Handbook entry from 2016.
|Dates & Locations:|| |
This subject has the following teaching availabilities in 2016:October, Parkville - Taught on campus.
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Timetable can be viewed here. For information about these dates, click here.
|Time Commitment:||Contact Hours: 24-26 hours |
Total Time Commitment:
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
|Recommended Background Knowledge:||
This subject is not recommended for students who have not completed an undergraduate law degree. Please note that it also requires students to analyse and engage closely with often complex legal texts.
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
|Non Allowed Subjects:||None|
|Core Participation Requirements:||
The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Professor David McLauchlan (Coordinator)
The law of contract interpretation is one of the most practically important areas of commercial law. Issues of interpretation occupy a good deal of the time of commercial practitioners and judges. Such issues have been aptly described as the very lifeblood of commercial law. Not surprisingly, therefore, interpretation disputes have become the most frequently litigated contract cases in recent years. Their outcome is also notoriously difficult to predict. Time and again judges have disagreed not only on the correct approach but also on such elementary questions as whether particular words have a plain meaning and what is the ‘common-sense’ or ‘commercially realistic’ interpretation. This subject, which will also examine the closely related principles concerning formation and rectification of contracts, will seek to shed light on the reasons for such disagreement and discuss the competing approaches to the interpretative task. The lecturer has taught and written extensively in the area.
This subject will examine the principles governing the interpretation of commercial contracts, as well as the closely related principles concerning formation and rectification of contracts.
Principal topics through a series of case studies include:
A student who has successfully completed this subject will:
Prescribed assignment (100%) (30 November)
A minimum of 75% attendance is a hurdle requirement.
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
|Links to further information:||www.law.unimelb.edu.au/subject/LAWS70335/2016|
Graduate Diploma in Construction Law |
Graduate Diploma in Corporations and Securities Law
Graduate Diploma in Legal Studies
Master of Commercial Law
Master of Construction Law
Master of Laws
Master of Private Law
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